The Analysys Mason Report on the Review of Pricing and Access Arrangements for the MANs was published by the former Minister on 13 February 2019. The Report noted that in certain respects the MANs Concessionaire enet was not in compliance with the agreed Code of Practice in relation to its approach to intercompany transfer pricing. My predecessor referred the Report to the Commission for Communications Regulation in view of its acknowledged expertise in this area and requested it to carry out the following work:
Establish whether enet complied with its obligation under the Code of Practice to offer managed services on the MAN's in the context of national end to end services at non-discriminatory prices such that its related company, enet Telecommunications Networks Ltd did not obtain a material unfair advantage;
Confirm the revised intercompany transfer pricing arrangements in place are in compliance with the Code of Practice;
Confirm that the Analysys Mason recommendations are being implemented; and
Based on the findings of its review, make recommendations to the Minister.
I understand that the Commission is finalising its report and recommendations in respect of this review and will furnish same to my Department for consideration in the coming weeks.
